TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Neil A. Sims
Ocean Era, LLC
O Box 4239
Kailua-Kona, Hawaii 96740
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico. The project site is located approximately 40-45 miles west-southwest offshore of Longboat Pass, Sarasota Bay, Florida. The proposed project would be placed in the Gulf of Mexico at an approximate water depth of 40 m (130 feet) and within an area that contains unconsolidated sediments that are 3-10 feet deep and within the 1,000 square meter (0.25-acre) area shown in Table 1 below.
Directions to the site are as follows: N/A
APPROXIMATE CENTRAL COORDINATES: See Table 1, above
PROJECT PURPOSE: Basic: Installation of a temporary pilot-scale single net pen aquaculture system in the Gulf of Mexico. Overall: Installation of a temporary pilot-scale single net pen aquaculture system (the revised Velella Epsilon (VE) Pilot Aquaculture Project ) to demonstrate the potential for future open ocean aquaculture systems in the Gulf of Mexico.
EXISTING CONDITIONS: The proposed project would be placed in the Gulf at an approximate water depth of 130 feet (40 m), generally located 40-45 miles west-southwest of Longboat Pass-Sarasota Bay, Sarasota County, Florida. The proposed aquaculture system would be placed within an area that contains unconsolidated sediments (sandy bottom habitat only), see Table 1 above for location coordinates. The Applicant would select the specific location within that area based on diver-assisted assessment of the sea floor when the cage and anchoring system are deployed. The proposed area is located on a portion of the west Florida Shelf that is heavily trawled by the shrimp fishing industry. Additionally, large portions of the west Florida Shelf are designated as military special use airspace. To avoid user conflicts in this area, the Applicant coordinated closely with the military and the shrimping industry during the site selection process.
PROPOSED WORK: The applicant seeks authorization for the temporary anchoring of the revised Velella Epsilon (VE) Pilot Aquaculture Project marine aquaculture system consisting of one (1) tender/support vessel, one (1) offshore-strength net pen, mooring and marker buoys, and the associated anchoring system with eight drag embedment anchors and four node ballast blocks. The proposed aquaculture system would be deployed for one (1) period of 12-18 months, which will represent one production cycle including a 12-month rearing timeframe and 6 months for initial cage deployment and water quality and benthic sampling, time between stocking and harvesting, and the removal of gear at the project conclusion.
The VE Pilot Aquaculture Project is a small, pilot-scale (single net pen) marine aquaculture system where up to 20,000 redfish/red drum (Sciaenops ocellatus) fingerlings would be reared in federal waters (i.e., Gulf of Mexico). The Corps only has the authority to evaluate the proposed action pursuant to Section 10 of the Rivers and Harbors Act (RHA) approved March 3, 1899, (33 U.S.C. 403) (hereinafter referred to as Section 10). Pursuant to 33 CFR 320.2(b), Section 10 prohibits the unauthorized obstruction or alteration of any navigable water of the United States (U.S.). The construction of any structure in or over any navigable water of the U.S., the excavating from or depositing of material in such waters, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters is unlawful unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army. The instrument of authorization is designated a permit. The authority of the Secretary of the Army to prevent obstructions to navigation in navigable waters of the United States was extended to construction of artificial islands, installations, and other devices located on the seabed, to the seaward limit of the outer continental shelf, by section 4(f) of the Outer Continental Shelf Lands Act of 1953 as amended (43 U.S.C. 1333(e)). (See 33 CFR part 322.3(b)).
PROJECT BACKGROUND: The Corps published a public notice for a similar pilot-scale project on October 5, 2020. The Corps withdrew the application for the project with the old design on September 13, 2023, after receipt of the new proposal. Changes to the project from that previous public notice include the pen design, the anchoring system (both as shown in the attached drawings) and the fish species. For this project, the U.S. Environmental Protection Agency (EPA) will continue to serve as the lead federal agency under the National Environmental Policy Act (NEPA) with assistance from the Corps and the National Marine Fisheries Service (NMFS) as cooperating agencies under NEPA. Cooperating agencies have jurisdiction by law or special expertise with respect to the potential environmental impacts resulting from this project.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: To avoid impacts to waters of the U.S., the proposed project has been designed in such a way that no discharge of dredged or fill material would be required for the installation of the structure. To further minimize impacts to waters, as well as prevent adverse effects to endangered species, best management practices (BMPs) are required in the NPDES permit to prevent detrimental impacts to the aquatic resources present in the open-ocean environment adjacent to the proposed project site. BMPs listed in the NPDES permit include requirement pertaining to feed management, waste collection and disposal, transport or harvest discharge, carcass and waste removal, material storage, structural maintenance, record-keeping, and training requirements. In addition, the Applicant would have to adhere to environmental monitoring standards. The facility potential locations were selected with assistance from NOAA’s National Ocean Service National Centers for Coastal Ocean Science (NCCOS). The Applicant and the NCCOS conducted a site screening process over several months to identify an appropriate project site. Some of the criteria considered during the site screening process included avoidance of corals, coral reefs, submerged aquatic vegetation, hard bottom habitats, and avoidance of marine protected areas, marine reserves, and habitats areas of particular concern (HAPC). This siting assessment was conducted using the Gulf Aqua Mapper tool developed by NCCOS. The Applicant conducted a Baseline Environmental Survey (BES) in August 2018 based on guidance developed by the NMFS and EPA. The BES included a geophysical investigation to characterize the sub-surface and surface geology of the sites and identify areas with a sufficient thickness of unconsolidated sediment near the surface while also clearing the area of any geohazards and structures that would impede the implementation of the aquaculture operation. The geophysical survey for the proposed project consisted of collecting single beam bathymetry, side scan sonar, sub-bottom profiler, and magnetometer data within the proposed area. The BES report noted that were no physical, biological, or archaeological features within the surveyed area that would preclude the siting of the proposed aquaculture facility within the area.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: Compensatory mitigation is not required because the activity consists of the temporary anchoring of a single vessel and net pen aquaculture system that would be sited so that it would not adversely impact aquatic resources. The activity would not involve the discharge of dredged or fill material, so it would not result in a permanent loss of waters of the U.S. or any special aquatic sites within the Gulf of Mexico or coastal habitats.
CULTURAL RESOURCES: Previous Permitting Action: For the previous consultations with the Florida State Historic Preservation Office (SHPO) completed by EPA (as the lead federal agency under the NEPA, with assistance from the NMFS and Corps as cooperating agencies), it was determined that based upon the project location, design, and BES, the project was determined to have no effect on historic properties. Per a February 8, 2019, letter, the Florida SHPO found that the proposed project would not affect historic properties if the facility anchors were placed within 50 feet of the surveyed lines on the seafloor. The Florida SHPO recommended that the permit include a “unexpected discovery protocol” condition. Since the appropriate permitting agency with jurisdictional oversight for an unexpected discovery protocol permit provision is the Corps, the DA permit would include this provision.
Review of the Revised Project: For the project currently under review, the EPA will continue to serve as the lead agency for compliance with Section 106 of the National Historic Preservation Act of 1966, including re-initiation of consultation if warranted.
ENDANGERED SPECIES ACT (ESA): Previous Permitting Action: For the NPDES permit issued on June 8, 2022, and the previous Corps public notice dated October 5, 2020, EPA served as the lead federal agency for ESA compliance as allowed by 50 CFR § 402.07. On behalf of both federal permitting agencies, EPA conducted the required ESA consultations with the National Marine Fisheries Service (NMFS) Protected Resources Division (NMFS-PRD) and U.S. Fish and Wildlife Service (USFWS). A biological evaluation (BE) was jointly prepared by the EPA and the Corps to consider the potential direct, indirect, and cumulative effects that the proposed actions may have on listed and proposed species as well as designated and proposed critical habitat, and to assist the action agencies in carrying out their activities for the proposed action pursuant to ESA § 7(a)(2) and ESA § 7(a)(4). EPA and the Corps determined that issuance of the federal permits for the proposed project was not likely to adversely affect (NLAA) any listed species or critical habitat as defined under ESA. The EPA concluded the required consultations with the USFWS on August 27, 2019, and NMFS-PRD on September 20, 2019.
Review of the Revised Project: For the project currently under review, the EPA will continue to serve as the lead agency for an ESA consultation re-initiation, if warranted.
ESSENTIAL FISH HABITAT (EFH): Previous Permitting Action: For the NPDES permit issued on June 8, 2022, and the previous Corps public notice dated October 5, 2020, EPA served as the lead federal agency for the EFH compliance under the Magnuson-Stevens Act. On behalf of both federal permitting agencies, EPA conducted the required EFH consultations with the NMFS - Habitat Conservation Division (NMFS-HCD). An EFH assessment was prepared jointly by the EPA and the Corps. The EFH assessment determined that the minimal short-term impacts associated with the discharge will not result in substantial adverse effects on EFH, HAPC, or managed species within the facility area. Within the EFH assessment, impacts to shrimp, red drum, snapper, reef fish, and coastal migratory pelagic fish were evaluated. On March 8, 2019, the EPA, as the lead federal agency, provided the EFH assessment to the NMFS and initiated abbreviated consultation with the NMFS. On March 12, 2019, the NMFS concurred with the EFH determination made by the EPA and the Corps. After completion and concurrence of the assessment, minor changes were made to the EFH document, though the updates did not change the findings of the assessment. On August 2, 2019, EPA provided an updated EFH assessment that included minor modifications and clarifications to NMFS for concurrence. The minor revisions did not change the EFH determination or EPA-required mitigation measures that were sent to NMFS previously. On August 23, 2019, NMFS concurred with the determination made within the EFH assessment and did not make any conservations recommendations.
Revised Project: For the project currently under review, the EPA will continue to serve as the lead agency for reinitiation of an EFH consultation if warranted.
Navigation: The proposed structure is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The Gulf of Mexico is subject to the ebb and flow of the tide, therefore no official JD is required as it is a navigable water, jurisdictional under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403).
IMPACT ON NATURAL RESOURCES: Coordination with, EPA, the NMFS, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
COASTAL ZONE MANAGEMENT CONSISTENCY: The EPA, Corps, and NMFS will determine the need for compliance with Florida’s approved Coastal Zone Management Plan, and coordinate with the State as necessary.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 or via email to the Corps project manager at john.p.fellows@usace.army.mil within 21 days from the date of this notice, with the Corps application number (SAJ-2017-03488) in the subject line. The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated waters of the United States. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as compensatory mitigation proposed, as necessary.
QUESTIONS concerning this application should be directed to the project manager, John Fellows, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 or preferably by electronic mail at : john.p.fellows@usace.army.mil or, by telephone at (813) 769-7070.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.